Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Burkina Faso (Ratification: 1960)

The Committee notes the entry into force of Decree No. 92-379/PRES of 31 December 1992 to promulgate the Labour Code (Act No. 11/92/ADP, 22 December 1992).

It asks the Government to provide information on the following points in its next report.

1. Section 206 of the Labour Code states that the provisions on collective disputes shall apply to employees in public services, enterprises and establishments unless other laws or regulations provide the contrary. The Government is asked to state whether there are any such laws and regulations and, if so, to provide a copy of them.

2. Under section 154 the Minister responsible for "Civil Liberties" may refuse to issue a receipt for an application for registration filed by a trade union under section 152. The Committee notes that under section 155 trade unions may appeal against such a refusal to the Administrative Chamber of the Supreme Court, and reminds the Government of the principle that the existence of a procedure of appeal to a court is not in itself enough to guarantee that trade unions may be established without prior authorization, in accordance with Article 2 of the Convention. Judges hearing such appeals must be required to rule promptly and be able to ensure that the legislation has been properly applied and to re-examine the substance of the case as well as the grounds on which the administrative decision was taken (see 1994 General Survey on Freedom of Association and Collective Bargaining, para. 77). The same holds good in the event of cancellation of a trade union's registration (sections 155 and 157). The Committee asks the Government to provide information in its next report on how sections 152, 154, 155 and 157 of the Labour Code are applied in practice. It would like to know in particular whether the Minister in charge of "Civil Liberties" has already refused to issue a receipt or cancelled the registration of a trade union; it asks the Government to indicate whether the judge may examine an appeal on the merits and what time-limits are applicable.

3. The Committee also asks the Government to indicate under which laws trade unions may join international organizations.